Redwood City Municipal Code Div. 1 Generally

The purpose of this Article is to provide a procedure by which supplemental size, capacity, numbers, or length of public improvements may be constructed at the original cost of an owner of property benefited by a portion of such improvements and thereafter proportionately reimbursed to said owner by charges imposed upon the owners of other properties based upon the benefits such improvements confer upon said other properties. Without limitation upon the purpose and scope of this Article, this Article implements the provisions of article VI (commencing with section 66485) of chapter 4, division 2, title 7 of the Government Code relating to reimbursement to subdividers for that portion of the costs of supplemental size, capacity, numbers or lengths of subdivision improvements, including an amount attributable to interest, exceeding the construction cost of the improvements required for the subdivision.

(Ord. No. 2045, § 2, 9-16-91)

This Article may be cited and referred to as the "City of Redwood City Reimbursement Agreement Ordinance."

(Ord. No. 2045, § 2, 9-16-91)

This Article is not exclusive, but a resolution of intention in any proceedings under an act or general law may provide that such act or general law is supplemented by any part or parts hereof.

(Ord. No. 2045, § 2, 9-16-91)

The provisions of this Article shall be controlling over the provisions of any general law or act in conflict herewith in any proceedings hereunder.

(Ord. No. 2045, § 2, 9-16-91)

This Article is adopted pursuant to the municipal affairs provision of the Charter of this City. Initiation of proceedings by the adoption of a resolution of intention pursuant to this Article shall be solely at the discretion of the City Council.

(Ord. No. 2045, § 2, 9-16-91)

For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed thereto:

ACQUISITION: Means the acceptance by the City of any improvements which are authorized to be made, constructed or acquired under this Article and which are in existence and installed in place (irrespective of whether or not said improvements are in actual use or operation) on or before the date of adoption of a resolution of intention for the acquisition thereof.

APPLICANT: Means the owner or authorized agent of the owner, or subdivider of property who applies for a reimbursement agreement pursuant to the provisions of this Article with respect to the acquisition or construction of improvements, a portion of which benefits the applicant's property.

BENEFIT AREA: Means the area comprising all lands benefited by the improvements, or any portion thereof, acquired or constructed pursuant to this Article with respect to which a reimbursement agreement has been entered into.

BENEFITED PROPERTY: Means any parcel or parcels of improved or unimproved real property benefited by any improvement, or any portion thereof, acquired or constructed pursuant to this Article with respect to which a reimbursement agreement has been entered into.

COSTS OF THE IMPROVEMENTS: Means the cost of acquisition or construction of improvements determined initially by the director pursuant to Section 18.212 and subsequently by the Council upon adoption of a resolution approving an application for a reimbursement agreement pursuant to Section 18.222, which costs shall consist of the appraised value of the improvements (in the case of acquisition) or the costs of construction thereof with reference to the bid of the lowest responsible bidder (in the case of construction) and all incidental costs including, without limitation, costs incurred by the City in processing an application for a reimbursement agreement, engineering and legal costs incurred by or on behalf of the City in connection therewith, preparation or review of legal descriptions of property, providing appraisals for acquisition or estimates of construction costs, surveys, preparation of documents (including the reimbursement agreement, plans, specifications and other contract documents for construction of improvements or deeds or other conveyancing documents for acquisition of improvements), printing and reproduction costs, cost of title searches, appraisal fees, property acquisition costs, costs of relocating or altering any public utility facilities required by construction of improvements, costs of publication, mailing, and posting of notices, costs of recordation, and any and all other costs incurred by or for the City and by or for the applicant who or which enters into a reimbursement agreement and which costs are necessary or incidental to carrying out proceedings pursuant to the provisions of this Article.

DIRECTOR: Means the Director of Community Development or his or her designee.

EXCESS COSTS: Means that portion of the costs of improvements including an amount attributable to interest, in excess of the cost of that portion or portions of the improvements which are required to serve and benefit an applicant's property, which excess costs represent the amount of the costs of the improvements which shall be apportioned to the benefited properties, excluding the applicant's property.

IMPROVEMENTS OR THE IMPROVEMENTS: Means any improvements acquired or constructed pursuant to this Article, which are, or shall be dedicated to public use including, but not limited to, streets (including curbs, gutters, sidewalks, parkways and/or landscape strips appurtenant thereto), street widening, street extensions, water mains and extensions, sewer mains and extensions, storm water drains and extensions, and appurtenances to the foregoing, or any other public improvements including any real property, rights of way, easements, or interests in real property, acquired or to be acquired by gift, purchase or eminent domain, necessary or convenient in connection with the acquisition or construction of the improvements or any improvement which is or shall be a part or component of the improvements.

OWNER: Means the owner of record, as shown on the last equalized assessment roll of the County Assessor of property located within the benefit area described in a reimbursement agreement.

REIMBURSEMENT AGREEMENT: Means an agreement entered into with an applicant pursuant to the provisions of this Article.

REIMBURSEMENT CHARGE: Means that charge determined pursuant to the provisions of this Article which is imposed as a condition of issuance of a permit or other entitlement to connect to, gain access to, or use, an improvement acquired or constructed pursuant to the provisions of this Article, or otherwise imposed as a condition of issuance of a building permit, use permit, planned development permit or other entitlement for the use or development of benefited property, which charge shall be collected by the City and payable to the applicant pursuant to a reimbursement agreement.

SUPPLEMENTAL IMPROVEMENTS: Means that portion of the improvements which are supplemental to, and which exceed the size, capacity, number, or length of the improvements necessary to serve the property owned by the applicant, the cost of which shall be reimbursable to the applicant through the collection and payment of reimbursement charges.

(Ord. No. 2045, § 2, 9-16-91)